ADDRESS 


HON.  HENRY  G.  CONNOR 


PRESENTING  THE  PORTRAIT 
OF 


HON.  WILLIAM  T.  DORTCH 


SUPREME  COURT  OF  NORTH  CAROLINA 


AND  ITS  ACCEPTANCE  FOR  THE  COURT 


CHIEF  JUSTICE  WALTER  CLARK 


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ADDRESS 


HON.  HENRY  G.  CONNOR 


PRESENTING  THE  PORTRAIT 
OF 


HON.  WILLIAM  T.  DORTCH 


SUPREME   COURT   OF   NORTH    CAROLINA 


AND   ITS  ACCEPTANCE  FOR  THE  COURT 
BY 

CHIEF  JUSTICE   WALTER   CLARK 


RALEIGH 

Edwaeds  &  BEOuonTON  Feinting  Co. 

1916 


Digitized  by  the  Internet  Archive 

in  2011  with  funding  from 

University  of  North  Carolina  at  Chapel  Hil 


http://www.archive.org/details/addressofhonhenrOOconn 


PRESENTATION    OF   THE    PORTRAIT 

OF 

HON.  WILLIAM  T.  DORTCH 

TO    THE 

SUPREME  COURT  OF  NORTH  CAROLINA 

BY 

HON.  H.  G.  CONNOR 
23   MAY,   1916 


Judge  Connor  said: 

May  it  please  Your  Honors:  Edmund  Burke  gave  expression  to  a 
profound  and  very  practical  truth  when  he  declared  that  "A  people  will 
not  look  forward  to  posterity  who  do  not  look  backward  to  ancestry."  As 
of  all  human  virtues,  pride  of  ancestry  becomes  a  vice — using  the  word 
in  its  correct  sense — an  element  of  weakness,  enervating  character,  when 
made  the  basis  of  claim  to  consideration  in  the  absence  of  those  qualities 
which  have  marked  a  strong,  honorable  ancestry.  "When,  however,  as 
said  by  one  of  Worth  Carolina's  wisest  and  best,  who  illustrated  in  his 
own  life  and  character  the  truth  which  he  so  clearly  expressed,  "pride 
of  ancestry  inspires  the  exercise  of  the  noblest  patriotism,  not  prompt- 
ing to  empty  boasting,  but  quickening  every  generous  impulse  and 
stirring  the  purest  ambition,"  it  should  be  stimulated  and  strength- 
ened, because  thereby  is  preserved  and  projected  into  our  social  and 
civic  life  the  strongest  and  most  permanent  incentive  to  high  endeavor 
and  noble  living.  The  presentation  to  the  State  of  memorials  of  citizens 
who,  in  public  and  private  station,  have  rendered  service,  or  illustrated 
high  and  noble  qualities,  we  take  as  an  evidence  of  that  generous  and 
ennobling  pride  of  ancestry  described  by  Mr.  Davis.  Prompted  by  these 
sentiments,  the  children  and  grandchildren  of  William  T.  Dortch  have 
extended  to  me  the  privilege  of  presenting  to  the  Court,  with  the  request 
that  it  be  appropriately  placed  in  this  building,  the  portrait  of  their 
honored  ancestor.  "With  the  permission  of  your  Honors,  I  desire  to  ask 
your  consideration  of  some  thoughts  concerning  the  life  and  character, 
the  service  and  example,  of  this  man,  honored  in  his  day  and  generation, 
whose  memory  we  would  perpetuate  and  whose  example  we  would  com- 
mend to  the  present  and  future  generations  of  North  Carolinians.  "When 
measured  by  the  standards  which,  with  us,  have  fixed  the  position  of  men, 
their  work  and  influence  among  us,  he  is  worthy  a  place  with  those  whose 
portraits  are  placed  on  the  walls  of  this  building  erected  by  the  people 
for  the  purpose  to  which  it  has  been  dedicated. 


Presentation  of  Doktch  Pobtrait. 


William  Theophilus  Dortch,  son  of  William  Dortcli  and  his  wife, 
Drusilla,  was  born  on  his  father's  plantation,  situate  in  J^ash  County, 
about  5  miles  from  the  town  of  Rocky  Mount,  3  August,  1824.  Sur- 
rounded by,  and  living  under,  the  conditions  existing,  at  that  time, 
in  an  agricultural  community,  in  which  there  was  neither  large  wealth 
nor  poverty,  but  honest  work  and  plain,  healthful  manner  of  life,  he 
attended  during  the  early  years  of  his  boyhood  the  neighboring  schools, 
usually  taught  by  those  who  believed  in  thoroughness  of  training  in 
the  elementary  preparatory  studies  and  a  rigid  discipline  in  morals 
and  manners.  At  the  appropriate  age  he  was  sent  to  the  Bingham 
School,  then  located  at  Hillsboro  under  the  superintendence  of  William 
J.  Bingham,  with  a  board  of  trustees  upon  which  appear  the  names  of 
Francis  I^ash,  Francis  L.  Hawks,  James  Webb,  and  others.  It  is  of 
interest  to  note  that  at  this  time  it  was  said  that  the  increase  in  num- 
ber of  pupils  and  growth  of  the  school  in  the  confidence  of  parents 
was  found  ''in  the  thorough  mode  of  teaching,  and  the  consequent 
scholarship  of  the  pupils;  the  mild  yet  strict,  energetic,  and  uniform 
discipline  of  the  school,  the  regular  and  close  supervision  of  the  moral 
deportment  of  the  scholars,  as  well  out  of  as  in  school."  The  system 
of  instruction  was  based  upon  the  principle  "that  the  rate  of  progress 
depends  on  the  age,  intellect,  and  application  of  each  individual.  The 
more  active  are  not  retarded,  nor  are  the  slow-paced  dragged  over 
books  without  understanding  them.  That  it  is  better  to  have  a  perfect 
knowledge  of  a  few  books  than  a  mere  superficial  acquaintance  with 
many.  .  .  .  Solidity  should  not  be  sacrificed  to  dispatch.  A  fine 
supei'structure  should  rest  on  a  solid  foundation;  it  can  rest  on  no 
other."  Many  illustrations  of  the  practice  of  these  essential  truths 
have  been  seen  in  the  lives  of  those  who  came  from  this  school,  which 
has,  for  so  many  years,  and  through  several  generations,  rendered 
invaluable  service  to  this  State.  After  completing  the  prescribed 
course  of  study,  Mr.  Dortch  entered  upon  the  study  of  the  law  under 
the  direction  of  the  Honorable  Bartholomew  F.  Moore,  then  living 
at  Halifax,  I^.  C.  That  he  was  industrious  and  diligent  in  the  pursuit 
of  his  studies  and  availed  himself  of  the  advantage  of  having  as  his 
preceptor  a  lawyer  of  such  profound  learning  is  shown  by  the  fact 
that  at  the  January  Term,  184-5,  he  was  admitted  by  the  Supreme 
Court  to  practice  in  the  Court  of  Pleas  and  Quarter  Sessions,  and  one 
year  thereafter,  as  provided  by  the  rules  of  the  Court,  received  his 
license  as  an  attorney  and  counselor  in  all  of  the  courts  of  the  State. 
The  ties  of  friendship  formed  during  this  period  between  preceptor 
and  pupil  continued  with  increasing  strength  during  the  life  of  Mr. 
Moore,  whose  memory  Mr.  Dortch  ever  held  in  sacred  regard.  They 
were  of  different  political  faith,  but  each  entertained  for  the  other 
perfect  esteem  and  unquestioned  confidence.     Mr.  Dortch  settled  and 


Presentation  of  Dortch  Portrait. 


spent  the  first  three  years  of  his  professional  life  in  Nashville,  the 
county  town  of  his  native  county — where  Mr.  Moore  had  laid  the 
foundation  of  his  long  career,  ending,  at  an  advanced  age,  as  the 
acknowledged  leader  of  the  State  Bar.  This,  I  think,  was  an  evidence 
of  the  wisdom  which  controlled  Mr.  Dortch  in  his  later  life.  The  season 
of  preparation  was  well  spent  in  the  quietude  of  the  village,  in  which 
there  was  a  fine  social  life,  affording  him  an  opportunity  to  become 
accustomed  to  the  practice  as  conducted  in  the  county  courts  and  form- 
ing the  acquaintance  of  the  people  of  the  county.  The  diary  of  a  young 
lawyer  who,  in  1843,  settled  at  ^Nashville  discloses  that  the  then  Attor- 
ney-General, Spier  Whitaker,  Perrin  Busbee,  Henry  W.  Miller,  B.  F. 
Moore,  R.  M.  Saunders,  and  other  distinguished  lawyers  of  that  time, 
attended  the  court  at  Nashville.  An  amusing  and  interesting  view  of 
Mr.  Moore  and  his  conversational  powers  is  given  by  the  young  lawyer. 
We  find  in  the  diary  the  following  entry :  "Arrived  at  Nashville, 
13  July,  1843,  in  company  with  B.  F.  Moore,  Esq.,  the  great  lion  of 
the  Bar  in  these  parts.  .  .  .  Talked  me  nearly  to  death — politics, 
banks,  subtreasury,  tariff,  bankruptcy  laws,  et  id  omne  genus.  He  is 
altogether  the  most  incessant  talker  I  ever  saw."  The  "diary"  contains 
an  account  of  several  trials  in  the  county  court,  with  interesting  and 
amusing  incidents  in  which  these  eminent  lawyers  appeared. 

After  three  years  spent  in  Nashville,  Mr.  Dortch,  during  the  year 
1848,  removed  to  the  new  and  rapidly  growing  to^vn  of  Goldsboro, 
lately  made  the  county-seat  of  Wayne  County.  It  was  here  that  he 
spent  the  remaining  forty  years  of  his  life.  By  reason  of  its  location 
in  the  center  of  a  group  of  large  and,  for  tliose  days,  wealthy  coun- 
ties, and  later  the  construction  of  the  North  Carolina  and  the  Atlantic 
and  North  Carolina  Railroads,  Goldsboro  offered  superior  opportuni- 
ties for  a  lawyer  engaged  in  circuit  practice,  and  of  these  Mr.  Dortch 
at  once  took  advantage.  He  attended  the  courts  of  Wayne,  Johnston, 
Lenoir,  Greene,  Edgecombe,  Nash,  and,  upon  its  formation  in  1855,  of 
Wilson  counties,  building  up  and  retaining  a  large  and  leading  practice. 
By  heredity,  environment,  and  conviction  Mr.  Dortch  accepted,  and  was 
always  ready  to  defend,  the  principles  and  policies  of  the  Democratic 
Party.  He  was  elected  to  the  House  of  Commons  from  Wayne  County 
at  the  Session  of  1852,  and  returned  to  the  Session  of  1854,  servdng  as 
chairman  of  the  Judiciary  Committee,  thus  giving  evidence  that  he  had 
made  a  favorable  impression  on  his  colleagues.  Among  the  men  who 
achieved  distinction  in  the  service  of  the  State,  members  of  the  Legisla- 
ture of  1854  were  Samuel  P.  Hill,  Speaker,  Governor  Vance,  Daniel 
M.  Barringer,  Sam  F.  Patterson.  Jesse  G.  Shepherd,  James  M.  Leach, 
John  A.  Gilmer,  John  F.  Hoke,  Asa  Biggs,  William  A.  Graham, 
Samuel  F.  Phillips,  Walter  L.  Steele,  Thomas  Settle,  William  M.  Shipp, 
William  Eaton,  William  A.  Jenkins,  Giles  Mebane,  and  Josiah  Turner. 


Presentation  of  Dobtch  Portrait. 


At  the  Session  of  1858  he  again  represented  the  county.  It  was  at  this 
seission  that  a  debate  was  had,  running  through  several  days,  between 
Governor  Morehead  and  E.  R.  Bridgers,  Samuel  J.  Person,  Dennis 
Ferebee,  and  Mr.  Dortch,  upon  the  proposition  to  enact  a  charter  for  a 
railroad  connecting  the  North  Carolina  Railroad  at  Greensboro  with 
Danville,  Virginia.  It  was  declared  by  those  who  witnessed  it  to  have 
been  one  of  the  most  remarkable  debates  in  our  Legislative  history. 
The  question  involved  sectional  interest  and  strong  political  convic- 
tions and  seriously  affected  the  railroad  policy  of  the  State.  The  bill 
was  defeated  by  a  strict  party  vote.  To  meet  the  military  necessities 
growing  out  of  the  conditions  existing  during  the  Civil  War,  the  road 
was  built  and  the  connection  formed  under  an  act  of  the  Confederate 
Congress.  Probably  the  only  citizen  of  the  State  now  living  who 
heard  the  debate  says  that  it  was  truly  a  battle  of  the  giants.  Judge 
John  Kerr,  then  a  Representative  from  Caswell,  says  of  the  men 
engaged :  ''They  were  strong  men  and  the  House  felt  the  shock  of 
the  battle  while  the  conflict  lasted." 

At  the  Session  of  1860  Mr.  Dortch  was  chosen  Speaker  of  the  House 
of  Commons.  Upon  the  passage  of  the  Ordinance  of  Secession,  20  May, 
1861,  and  the  ratification  of  the  Constitution  of  the  Confederate  States, 
he  was,  together  with  Mr.  George  Davis,  chosen  Confederate  States 
Senator.  He  held  this  position  during  the  life  of  the  Confederacy,  giv- 
ing to  the  administration  of  Mr.  Davis  his  loyal  support. 

At  the  age  of  41,  at  the  fall  of  the  Confederacy,  Mr.  Dortch  had  ren- 
dered valuable  service  to  the  State  and  held  high  and  honorable  posi- 
tion. By  the  passing  of  the  issues,  and  the  change  in  conditions,  which 
had  engaged  his  attention,  he  was,  like  others  similarly  situated,  con- 
fronted with  problems,  in  his  private  and  public  relations,  growing  out 
of  the  results  of  the  war.  Like  all  others  who  had  either  favored  the 
course  pursued  by  the  majority  or  "gone  with  the  State"  and  loyally 
supported  the  cause  to  which  she  adhered,  Mr.  Dortch,  with  that  sor- 
row and  regret  which  came  to  all  sincere  Southern  men,  accepted  the 
result  in  absolute  good  faith  and  conformed  to  the  requirements  of  the 
National  Government  to  enable  himself  to  resume  his  civic  relations 
and  the  practice  of  his  profession.  Such  property  as  he  had  saved  from 
his  practice  during  the  years  preceding  the  war  was  swept  away,  his 
law  library  was  partially  destroyed  by  Federal  troops  when  they  entered 
Goldsboro.  He  had  married  early  in  life,  and  found  himself  confronted 
with  the  duty  of  providing  for  the  support  and  education  of  a  large 
and  growing  family.  It  is  not  easy,  at  this  day,  to  understand  or 
appreciate  the  difficulties  and  perplexities  which  confronted  those  men 
who,  having  passed  the  preparatory  period  of  life,  living  and  working 
under  conditions  existing  prior  to  the  Civil  "War,  were  called  upon  to 
act,  and  counsel  others  in  acting,  after  four  years  of  war,  ending  dis- 


Presentation  of  Dortch  Portrait. 


astrously  and  revolutionizing  the  political,  social,  and  industrial  life 
of  the  South. 

Mr.  Dortch,  like  all  who  had  rendered  service  to  his  State,  prior  to 
and  during  the  war,  was  politically  disfranchised  and,  until  pardoned 
pursuant  to  the  plan  adopted  by  the  National  Government,  deprived 
of  the  rights  of  citizenship.  With  the  consciousness  of  having  obeyed 
the  promptings  of  his  best  judgment  and  dictates  of  his  heart,  he  loy- 
ally worked  for,  and  with,  the  people  who  had  trusted  and  honored 
him,  cheerfully  sharing  with  them  the  suffering  and  hardships  which 
came  as  the  result  of  defeat  of  a  common  cause.  He  made  no  conces- 
sion of  mental  or  moral  convictions  nor  asked  any  favors  for  himself 
which  were  not  accorded  to  all  other  citizens  of  the  State  with  whom 
he  had  acted.  He  gathered  the  few  books  which  had  been  saved  from 
the  wreck,  opened  his  office  and  made  a  new  start  in  his  private  and 
professional  career.  The  problems  arising  out  of  the  conditions  fol- 
lowing the  war,  the  abolition  of  slavery,  the  use,  for  four  years,  of  a 
constantly  depreciating  and  ultimately  worthless  currency,  the  loss  of 
property  and  the  accumulation  of  indebtedness  by  their  clients,  de- 
manded of  the  lawyers  of  those  days  a  resort  to  first  principles  in  deal- 
ing with  the  questions  which  they  were  called  upon  to  solve  in  giving 
counsel  and  directing  adjustments  involving  the  present  interest  and 
future  welfare  of  their  clients.  The  people,  conscious  that  it  was  in 
those  who  were  loyal  to  them  in  the  days  of  strife  and  suffering  that 
in  their  private  business  troubles  they  could  safely  trust,  brought  to 
such  men  as  Mr.  Dortch  the  settlement  of  their  disordered  business 
requiring  the  counsel  and  management  of  learned  and  experienced  law- 
yers. The  adoption  of  the  Code  of  Procedure,  resulting  in  radical 
changes  in  the  procedural  law,  in  which  the  lawyers  of  the  age  of  Mr. 
Dortch  were  trained  and  with  which  they  were  familiar,  and  other 
changes  in  the  statute  law  of  the  State,  imposed  upon  them  the  necessity 
and  duty  of  close  application  and  study. 

For  twelve  years  Mr.  Dortch  devoted  his  entire,  time  and  energies 
to  the  practice  of  his  profession,  giving  to  his  large  clientage  his  untir- 
ing and  devoted  service.  He  took  a  deep  interest  in  and,  in  such  man- 
ner as  he  could,  gave  to  the  Democratic  Party  his  aid  in  its  struggle 
for  supremacy  in  the  State  and  relief  from  the  evils  brought  upon  the 
people  by  the  reconstruction  policy  of  the  dominant  party.  At  the  elec- 
tion of  1878  he  responded  to  the  call  of  his  party  and  people  to  repre- 
sent the  district  composed  of  Wayne  and  Duplin  counties,  in  the  Senate. 
He  was  reelected  to  the  Sessions  of  1881  and  1883,  being  chosen  Presi- 
dent of  the  Senate  at  the  Session  of  1879,  and  serving  as  chairman  of 
the  Judiciary  Committee  at  the  Session  of  1883.  At  the  Session  of 
1881  the  necessity  for  codifying  the  statute  law  of  the  State  was  mani- 
fest.    The  Eevised  Code  of  1854,  with  Battle's  Eevisal  of  1875,  had 


Presentation  of  Dortch  Portrait. 


become  of  little  practical  value  by  reason  of  the  numerous  and  radical 
changes  in  the  statutory  law.  The  Legislature  directed  that  the  entire 
statute  law  be  codified,  incorporating  such  amendments  and  changes  as 
had  been  made  since  the  last  revisal.  For  this  very  important  work 
Mr.  Dortch  as  chairman,  Hon.  John  Manning,  and  Hon.  John  S.  Hen- 
derson were  appointed  a  commission.  No  better  or  wiser  selections 
could  have  been  made.  All  of  the  members  were  lawyers  of  large  experi- 
ence, accurate  learning,  and  industry.  That  the  work  was  well  done  is 
manifest  not  only  by  its  acceptance  and  adoption,  without  change,  by 
the  General  Assembly  of  1883,  but  by  the  judgment  of  the  Bench  and 
Bar  of  the  State.  Mr.  Dortch  gave  to  the  duties  of  the  position  his 
most  careful  consideration  and  active  service.  The  Code  of  1883  was 
the  authoritative  evidence  of  the  statute  law  of  the  State  for  twenty 
years  and  imtil  the  adoption  of  the  Revisal  of  1905.  This  was  the  last 
and  crowning  public  service  rendered  by  him  to  the  State.  During  his 
service  in  the  Senate  Mr.  Dortch  was  the  author  of  a  number  of  im- 
portant public  statutes.  As  a  legislator  he  was  conservative,  watchful 
of  the  public  interest,  and  attentive  to  the  proceedings  of  the  Senate. 
He  was  the  author  of  the  ^'Dortch  Bill"  providing  for  enlarged  facili- 
ties for  the  common  schools. 

Mr.  Dortch  was  named  by  Governor  Vance  (1877)  on  the  board  of 
directors  of  the  Western  ISTorth  Carolina  Railroad,  a  work  in  which  the 
people  of  the  State,  especially  the  west,  were  deeply  interested,  and  1o 
the  building  of  which  by  the  State  the  Administration  was  commit' ed. 
Its  completion  was  to  mark  the  consummation  of  the  North  Carolina 
system,  adopted  and  begun  with  the  construction  of  the  North  Carolina 
and  Atlantic  and  North  Carolina  Railroads,  and  the  realization  of  the 
vision  of  the  people  of  the  State  of  a  transportation  system  connecting 
with  the  sections,  beginning  in  the  mountains  and  terminating  at  the 
ocean — making  Beaufort  and  Wilmington  the  seaports  of  the  State. 
The  work  had  been  delayed  by  the  war  and  the  lease  of  the  North 
Carolina  Railroad  for  thirty  years,  expiring  in  1900.  The  construction 
of  the  road  from  Greensboro  to  Danville,  which  Mr.  Dortch  and  other 
statesmen  of  the  east  had  so  strongly  and,  prior  to  the  war,  success- 
fully opposed,  seriously  affected  the  completion  of  the  "system."  Mr. 
Dortch  was  deeply  interested  in  the  completion,  by  the  State,  of  the 
Western  road,  looking  to  the  establishment  of  the  system  at  the  expira- 
tion of  the  lease  of  the  North  Carolina  Railroad.  Many  difficulties 
were  encountered,  the  cost  was  very  large,  and  the  people  of  the  east- 
ern counties,  embarrassed  by  the  loss  of  their  property  as  the  result  of 
the  war,  and  suffering  from  the  administration  of  their  local  govern- 
ments, by  existing  political  and  industrial  conditions,  were  restless 
under  the  burden.  These  and  other  causes  presented  practical  and  to 
many  it   appeared   insurmountable   difficulties.      The  wisest   and   most 


Presentation  of  Dortch  Portrait. 


patriotic  men  of  the  State  held  variant  views  in  regard  to  the  best 
course  to  pursue.  During  the  year  1880  a  proposition  was  made  to, 
Governor  Jarvis  by  a  syndicate  of  ISTorthern  capitalists  to  purchase  the 
property  and  complete  the  construction  of  the  road.  The  questions 
which  divided  the  counsel  of  the  people  have  ceased  to  be  of  practical 
interest  and  the  actors  in  the  controversy  have  passed  away.  That  they 
all  desired  to  promote  the  interest  of  the  State  and  secure  to  the  west 
the  long  promised  and  long  delayed  connection,  by  a  railroad,  with  the 
east  must  be  conceded.  Governor  Jarvis  called  a  special  session  of  the 
Legislature  for  the  purpose  of  taking  into  consideration  and  accepting 
or  rejecting  the  proposition  to  buy  the  road.  Mr.  Dortch,  as  a  member 
of  the  Senate,  strongly  opposed  the  sale,  but  was  overborne  by  a  majority 
of  the  Legislature.  The  sale  was  made  and  the  road  finally  completed. 
It  is  not  my  purpose,  by  so  much  as  suggestion,  to  open  the  long  closed 
controversy  which  at  that  time  divided  the  opinion  and  with  some  the 
deep  convictions  of  men  of  that  day.  Whether  the  completion  of  the 
"Western  !N"orth  Carolina  Railroad  by  the  State  was  practicable,  or 
whether,  if  completed,  the  maintenance  of  a  State  system  of  transporta- 
tion operated  by  the  State  was  possible,  under  changing  and  changed 
transportation  systems,  must  remain  an  unanswered  question,  in  regard 
to  which,  like  so  many  other  questions  of  public  policy,  there  is  ample 
room  for  difference  of  opinion,  which  must,  of  necessity,  be  speculative. 
It  is,  however,  of  interest  to  note  several  propositions  submitted  by  Mr. 
Dortch,  because  illustrative  of  his  wise  foresight  and  practical  cast  of 
mind  in  dealing  with  questions  affecting  the  public  welfare.  He  pro- 
posed to  amend  the  bill  authorizing  the  sale  by  inserting  the  provision : 
"That  like  total  rates  of  transportation  charged  over  said  Western  ISTorth 
Carolina  Railroad,  and  other  roads  with  which  it  may  at  any  time 
form  through  lines  of  traffic  to  or  from  or  through  seaports  in  adja- 
cent or  other  States,  shall  likewise  be  enjoyed  on  traffic  to  or  from  or 
through  seaports  within  the  State  of  North  Carolina.  The  Western 
ISTorth  Carolina  Railroad  will  neither  charge  nor  participate  in  higher 
rates  than  may  be  applied  on  like  traffic  between  points  in  adjacent 
States  that  are  of  similar  distance  from  the  destination  thereof,  as  are 
charged  said  points  within  the  State."  The  proposed  amendment  was 
defeated.  What  effect  the  protective  provision  would  have  had,  in  the 
light  of  Federal  control  of  interstate  rates,  it  is  unnecessary  to  inquire. 
It  was  the  loyalty  of  Mr.  Dortch  to  the  welfare  of  the  people  of  the 
State,  and  his  courageous  stand,  in  the  face  of  defeat,  to  secure  to  them 
the  benefits  which  were  expected  by  those  who  had  labored  for  the  estab- 
lishment and  maintenance  of  a  ISTorth  Carolina  system  of  transporta- 
tion, giving  to  the  people  of  all  sections  fair  and  equal  rates  of  traffic, 
which  is  of  interest  in  estimating  the  value  of  his  public  service.  Mr. 
Dortch  was  essentially  conservative  in  his  cast  of  mind — slow  to  adopt 


10 


Presentation  of  Dortch  Portrait. 


or  advocate  changes  in  the  laws  until  convinced  by  reason  and  personal 
investigation ;  inclined  to  oppose  departures  from  things  fixed.  North 
Carolina  has  had  no  more  loyal  citizen  nor  one  who,  in  her  councils, 
served  with  more  wisdom,  fidelity,  and  patriotic  devotion  to  her  highest 
interests. 

It  is,  however,  as  a  man  and  a  lawyer  that  we  find  in  his  character 
and  conduct  those  qualities  which  we  think  upon  most  pleasantly.  Mr. 
Dortch  was  not  given  to  speculation  or  refinement  in  the  practice  of  the 
law;  he  was  not  a  reformer,  in  the  usual  and  ordinary  sense  in  which 
that  term  is  used.  He  found  a  larger  interest  in  using,  in  the  admin- 
istration of  justice,  the  methods  and  procedure  which  he  found  in  exist- 
ence than  in  devising  new  ones.  Trained  in  the  common-law  procedure 
in  force  in  our  courts  prior  to  1868,  he  opposed  the  new  Code  of  Pro- 
cedure, as  did  many  others  of  the  lawyers  of  his  age.  When,  however, 
it  was  adopted,  he  familiarized  himself  with  its  principles  and  pro- 
visions and  came  to  recognize  its  value.  To  him  the  definition  of  the 
complaint  as  "a  concise  statement  of  the  facts"  constituting  his  clients' 
cause  of  action  and  the  answer  as  an  equally  concise  denial,  with  such 
matter  of  defense  as  he  intended  to  rely  upon,  was  easily  adopted. 
His  pleadings  were  models  of  conciseness,  clearness,  and  freedom  from 
evidential  and  irrelevant  matter,  l^either  court  nor  counsel  found  dif- 
ficulty in  drawing  issues  upon  them,  and,  in  this,  I  venture  to  commend 
his  example  to  many  of  our  brethren  of  the  Bar. 

While  Mr.  Dortch  was  a  safe  and  wise  counselor,  an  accurate  and 
well  informed  lawyer,  giving  close  attention  to  all  interests  committed  to 
his  care,  it  was  in  the  courthouse  and  before  the  jury  that  his  preemi- 
nent ability  and  finest  powers  found  their  fullest  expression.  From  the 
impaneling  of  the  jury,  the  reading  of  the  pleadings,  until  the  rendi- 
tion of  the  verdict  his  interest  increased,  his  mind  became  ever  more 
active  and  alert — he  was  at  his  best.  With  his  case  thoroughly  pre- 
pared, the  order  of  introducing  his  evidence  logically  arranged,  the 
weak  points  in  the  armor  of  his  adversary  anticipated,  and  exposed  by 
the  adroit  and  skillful  cross-examination  of  witnesses,  when  the  moment 
came  for  going  to  the  jury  he  was  master  of  the  situation  and,  usually, 
the  victor  when  the  verdict  was  rendered.  He  wasted  no  time  nor 
weakened  his  cause  in  the  mind  of  the  jury  in  fighting  over  irrelevant 
and  immaterial  preliminaries.  He  dealt  frankly  with  the  court,  fairly 
with  counsel,  knowing  when  to  make  concessions,  waive  formalities, 
and  preserve  the  substantial  rights  of  his  client.  He  was  always  in 
command  of  the  litigation,  securing  and  retaining  the  confidence  of 
his  client ;  he  did  not  hesitate  to  assume  responsibility  and  managed  the 
cause  from  start  to  finish  as  a  skillful  commander,  granting  such  favors 
to  opposing  counsel  as  he  deemed  just,  making  such  admissions  as  in 
his  judgment  were  proper,  and  taking  the  responsibility  for  the  result. 


u 

Presentation  of  Dobtch  Portrait. 


He  carefully  avoided  encumbering  the  record  and  endangering  the  ver- 
dict which  he  anticipated  by  pressing  or  objecting  to  evidence  of  doubt- 
ful admissibility.  He  seldom  asked  for  special  instructions.  I  recall 
that  when  trying  cases  in  which  he  appeared  I  would  ask  him  if  he 
wished  to  present  prayers  for  instruction,  he  would  reply,  "'^o;  your 
Honor  will  take  care  of  the  law  and  I  will  look  after  the  facts."  The 
Eeports  of  this  Court  show  but  few  appeals  from  judg-ments  obtained 
by  him.  JN'o  lawyer  knew  better  when  the  interest  of  his  client  was  to 
be  served  by  compromise  of  a  doubtful  case  or  exhibited  more  courage 
in  so  advising  his  client,  and  this  one  of  the  wisest  lawyers  and  men 
known  to  me,  or  from  whose  counsel  I  derived  benefit,  said  was  one 
of  the  best  tests  of  a  safe  and  wise  lawyer. 

A  former  Chief  Justice  of  this  Court  who  lived  in  the  same  town, 
practiced  in  the  same  counties,  and  was  more  frequently  opposed  to 
him  in  the  trial  of  causes  than  any  other  member  of  the  bar,  said  of 
Mr.  Dortch:  "He  was  attentive  and  skillful,  and  gave  satisfaction 
to  those  who  relied  upon  him  to  defend  their  interests.  He  was  true 
to  every  one  because  he  was  true  to  himself.  He  approached  the  court 
with  a  plain  statement  of  his  case;  his  facts  were  well  digested  and 
forcibly  presented  to  the  jury.  His  work  was  thorough.  He  was  cau- 
tious and  waited  until  he  was  ready,  and  when  he  so  announced  his 
opponent  soon  met  victory  or  defeat."  One  who  knew  him  well,  heard 
him  frequently  in  the  trial  of  causes,  and  admired  no  less  his  great 
power  of  mind  than  the  loyalty,  integrity,  and  sterling  honesty  of  his 
character,  correctly  and  clearly  describes  his  manner  in  addressing  the 
jury,  saying:  "He  spoke  in  a  smooth  conversational  tone  of  voice; 
but  as  he  would  wann  with  his  theme,  he  would  become  animated,  and 
his  face,  radiant,  .  .  .  would  glow  with  intellectual  beauty. 
.  .  .  There  was  no  effort  at  display,  or  stage  effect,  or  playing  to  gal- 
leries. In  none  of  his  speeches  did  he  ever  say  anything  to  elicit 
applause,  but  he  spoke  to  convince  the  reason  and  judgment  of  men. 
His  favorite  gesture  was  with  his  index  finger,  and  when  he  would 
point  it  at  the  jury  to  give  emphasis  to  some  point  he  was  making,  or 
clinch  an  argument,"  he  was  invincible.  His  use  of  simple,  short  words 
— sentences  pregnant  with  meaning  and  easily  comprehended  by  the 
jurors — held  their  attention  and  carried  conviction  to  their  minds. 

But  it  is  neither  in  that  which  a  man  does  in  public  service,  honorable 
and  useful  though  it  may  be,  nor  in  the  field  of  endeavor  in  his  chosen 
life  work,  however  successful  it  may  be,  that  we  find  expression  of 
the  essential  qualities  of  mind  and  heart,  that  which  impresses  itself 
upon  human  life  with  which  he  comes  in  contact,  that  which  touches 
and  either  blesses  or  curses,  brightens  or  blights ;  but  it  is  in  the  human 
relationships,  the  home  and  its  inmates,  the  friends  whom  he  makes, 


12 

Pkesentation  of  Dobtch  Pokteait. 


the  associations  which  he  forms,  his  influence  in  the  community  in 
which  he  spends  the  days  of  his  strength  and  the  declining  years  of 
his  old  age,  that  we  must  seek  for  that  which  lives  after  he  has  in  the 
body  passed  away — that  which  does  not  die.  The  question  is  not  so 
m.uch  what  a  man  did  as  what  he  was.  If  the  statesman  be  not  some- 
thing greater  and  better,  the  lawyer  something  more,  his  work  will  not 
survive  nor  his  influence  be  long  felt.  Above  and  beyond  all  of  these 
things,  mankind  is  ever  seeking  an  answer  to  the  question,  What  man- 
ner of  man  was  he  whom  you  ask  us  to  hold  in  honored  memory,  whose 
character  you  commend  to  us  for  admiration,  and  example  for  imita- 
tion? 

The  work  of  the  legislator  is  at  best  but  tentative,  and  for  a  day; 
of  the  judge,  ever  undergoing  examination,  criticism,  and  frequently 
rejection;  of  the  lawyer,  evanescent  and  soon  forgotten.  But  the  man 
— that  which  for  the  want  of  a  more  accurate  description  we  call  the 
spirit,  the  soul,  the  essence — lives  forever  and  is  projected  into  the 
currents  of  and  affects  human  life.  The  questions  which  we  ask  of 
every  man,  How  did  he  use  the  opportunities  which  success  brings? — 
if  failure  and  defeat  overtake  him,  how  did  he  bear  himself,  and  with 
what  degree  maintain  his  integrity? — to  these  questions,  applied  to  the 
life  of  Mr.  Dortch,  a  satisfactory  answer  may  be  given. 

As  a  citizen,  he  was  obedient  to  the  laws  of  his  State  and  country, 
and  taught  others  to  be  so.  That  which  was  said  of  Archibald  Hen- 
derson by  Judge  Murphey  may  with  truth  be  applied  to  Mr.  Dortch : 
"As  he  acknowledged  no  dominion  but  that  of  the  laws,  he  bowed  with 
reverence  to  their  authority  and  taught  obedience  no  less  by  his  example 
than  his  precept.  To  the  humblest  officer  of  justice  he  was  respectful. 
He  considered  obedience  to  the  law  the  first  duty  of  the  citi- 
zen, and  it  seemed  to  be  the  great  object  of  his  professional  life  to  incul- 
cate a  sense  of  this  duty,  and  to  give  to  the  administration  of  the  law 
an  impressive  character.  .  .  .  As  he  advanced  in  life,  he  seemed 
more  and  more  anxious  that  the  laws  should  be  interpreted  and  admin- 
istered by  the  rules  of  common  sense.  He  in  a  great  degree  lost  his 
reverence  for  artificial  rules.  He  said  that  the  laws  were  made  for  the 
people  and  they  should  be  interpreted  and  administered  by  rules  which 
they  understood  whenever  it  was  practicable." 

Mr.  Dortch  was  not  given  to  professions  of  friendship,  nor  seeking 
the  confidence  of  others;  and  yet  no  man  was  more  strongly  attached 
to  those  whom  he  admired,  and  no  man  ever  doubted  his  absolute  loyalty 
nor  hesitated  to  confide  in  his  integrity.  To  his  chosen  friends,  and  all 
who  enjoyed  his  confidence,  he  was  ready  to  give  assistance  to  promote 
their  welfare  and  happiness,  preferring  to  do  so  in  his  own  quiet,  unob- 
trusive manner.  Probably  for  no  one,  not  of  his  own  household,  did 
he  have  more  affectionate  regard  than  for  Judge  Strong,  with  whom 


13 

Presentation  of  Doetch  Portrait. 


for  many  years  he  held  most  intimate  personal  and  professional  rela- 
tions: resident  of  the  same  town  until  the  latter  moved  to  Raleigh, 
practicing  at  the  same  courts,  differing  in  temperament  and  cast  of 
mind,  and  yet  having  each  for  the  other  a  strong,  manly  affection. 
Judge  Strong  wrote  of  him :  ''It  seems  that  nature  had  formed  a  special 
place  in  my  heart  which  he  only  could  fill.  .  .  .  He  was  indeed 
one  of  the  bravest,  truest,  best  and  greatest  men  that  I  have  ever  known." 

Judge  Howard  said:  "Dortch  held,  and  deservedly  so,  a  high  place 
among  our  best  men." 

Judge  Faircloth  said  of  him:  "We  differed  on  political  questions 
and  met  on  the  stump  and  were  usually  in  opposition  on  the  docket.  It 
affords  me  much  satisfaction  to  be  able  to  say  that  on  no  occasion  was 
a  single  offensive  word  uttered  by  one  to  the  other.  .  .  Our  per- 
sonal relations  were  always  pleasant,  and  I  found  that  those  who  knew 
him  best  were  most  attached  to  him."  To  those  who,  as  your  Honors 
and  myself,  knew  these  men,  and  know  that  they  could,  when  in  oppo- 
sition, give  and  take  blows,  given  straight  and  bravely,  these  are  not 
words  of  empty  eulogy;  they  express  sentiments  honorable  to  both.  'No 
higher  test  of  the  qualities  of  a  lawyer  who  by  reason  of  age,  experi- 
ence, and  ability  has  come  to  be  the  acknowledged  leader  can  be  applied 
than  to  inquire  as  to  the  moral,  personal,  and  professional  standards 
of  the  Bar — the  estimation  in  which  he  is  held  by  and  the  influence 
which  he  exerts  over  its  younger  members.  No  higher  obligation  is  im- 
posed by  eminence  and  leadership  than  that  he  who  possesses  them  shall 
fix  high  and  in  his  own  life  illustrate  the  standards  of  professional 
ethics,  personal  relations,  and  civic  duties  of  the  Bar.  Tried  by  this 
test,  Mr.  Dortch  came  up  to  the  full  measure  of  its  obligation.  During 
the  last  decade  of  his  life,  of  which  by  association  and  personal  experi- 
ence I  am  able  to  speak,  no  Bar  in  this  or  any  other  State  enjoyed  or 
profited  in  a  larger  measure  by  the  privilege  of  association  and  having 
daily  before  them  the  example  of  a  good  man,  a  wise  counselor,  and  a 
great  lawyer,  than  those  who  at  the  Goldsboro  Bar  were  then  entering 
upon  their  professional  careers.  Their  achievement,  their  large  suc- 
cess, and  honorable  service,  no  less  than  their  personal  merit,  are  writ- 
ten large  in  the  history  of  the  State  and  are  being  daily  illustrated  in 
the  highest  judicial  positions.  The  relations  existing  between  their 
leader  and  themselves,  as  I  knew  it,  when  holding  my  first  term  of 
court,  were  inspiring  and  beautiful.  To  myself,  at  this  time  of  danger 
and  doubt,  he  was  as  kind  as  if  I  had  been  his  son. 

While  not  depreciating  that  personal,  physical  courage  which  every 
man  has  who  places  a  correct  estimate  upon  his  personal  rights  and  holds 
himself  ready  to  defend  them  when  invaded,  it  is  moral  courage  which 
sustains  a  man  in  the  hour  of  disaster  and  defeat  which  gives  dignity 
to  his  character   and  commands   the   respect  of  all  good   men,  which 


14 

Presentation  of  Dortch  Portrait. 


makes  him  afraid  to  do  wrong  and  unafraid  to  do  right,  which  marks 
a  manly  man — a  gentleman.  It  is  the  man  who  meets  and  discharges, 
without  complaint,  or  losing  his  sense  of  proportion,  either  of  his  own 
or  the  character  of  others,  when  overtaken  with  disaster,  who  asks  only 
for  purity  of  purpose,  clearness  of  mind,  and  strength  of  heart  to  meet 
and  discharge  every  obligation  which  comes  to  him,  who  is  entitled 
to  our  respect  when  living  and  whose  memory  is  worthy  of  preserva- 
tion and  honor  when  dead.  And  herein  Mr.  Dortch  is  entitled  to  hold 
a  high  position. 

He  was  not,  as  men  count  success,  a  successful  man.  The  most 
sacred  relationships  of  life  brought  to  him  the  purest  pleasures,  accom- 
panied by  responsibilities  the  discharge  of  which  taxed  his  splendid 
mental,  moral,  and  physical  powers — all  of  which  he  wisely  conserved 
that  he  might  devote  them  to  the  demands  of  duty.  He  placed  a  proper 
estimate  upon  money,  seeking  to  acquire  it  only  as  the  just  reward  for 
honest  service,  and  to  use  it  for  the  benefit  of  those  to  whose  welfare 
and  happiness  he  had  devoted  his  life.  He  was,  in  the  best  sense  of  the 
word,  a  prudent  man;  his  personal  habits  were  those  of  a  man  who 
understood  his  duty  to  preserve  his  health ;  in  nothing  did  he  indulge  to 
excess.  He  was  in  all  respects  a  healthy  man,  in  mind  and  body,  and 
this,  as  Carlyle  says,  "is  no  small  matter."  Having  in  all  the  rela- 
tionships of  life  given  to  those  entitled  to  it  the  best  service  of  which 
he  was  capable,  faithfully  discharged  his  duty,  he  abided  results  with 
patience,  if  not  satisfaction.  He  did  not  seek  ease,  but  found  pleasure 
in  labor.  He  was  an  unusually  industrious  man,  having  but  little  pa- 
tience with  those  who  sought  to  live  without  work.  Sincere  and  loyal 
himself,  he  had  no  sympathy  with,  and  but  little  toleration  for,  insin- 
cerity and  disloyalty  in  others.  To  those  in  whom  he  reposed  confidence 
he  was  trustful  and  confiding;  with  men  of  devious  methods  and  dis- 
honest ways,  either  in  thought  or  conduct,  he  had  no  sympathy.  As 
with  all  men  of  strong  character,  the  currents  of  his  life  ran  deeply 
and  quietly.  There  was  that  in  his  expression,  his  manner,  his  con- 
versation, which  impressed  others  with  the  feeling  that  there  was  in 
his  character  a  reserve  force  which  manifested  itself  only  when  called 
forth  by  occasion.  His  was  in  all  respects  a  striking,  unusual  person- 
ality, impressing  itself  upon  all  with  whom  it  came  in  contact.  While 
not  given  to  humor,  his  quiet  smile  gave  unmistakable  evidence  of  ap- 
preciation of  a  good  story.  His  conversation  when  with  friends,  in  his 
home,  around  the  fireside  on  circuit,  or  on  a  walk  before  or  after  court, 
was  interesting  and  enlightening.  He  was  not  a  reader  of  many  books, 
but  well  informed  in  regard  to  current  events.  He  was  more  interested 
in  what  men  did  than  what  they  wrote. 

Mr.  Dortch  was  of  that  temperament  which  we  find  in  quiet,  reserved 
men  upon  whom  the  experiences  of  life  make  a  deep  impression.     He 


15 

Presentation  of  Dortch  Portrait. 


did  not  care,  nor  did  lie  know  how,  to  cast  them  off.  He  rather  met 
them  bravely,  and  carried  them  to  the  end.  Upon  such  men  the  wear 
and  tear  of  life  tells  strongly. 

While  attending  a  term  of  court  at  Nashville,  where  he  began  his 
professional  work,  the  rupture  of  a  small  artery  admonished  his  friends, 
his  family,  and  himself  that  the  time  had  come  to  him  when  rest, 
mental  and  physical,  could  alone  prolong  his  powers  for  labor.  Like 
too  many  brave,  faithful  men,  he  did  not  know  how  to  rest.  The  de- 
mands upon  him  did  not  permit,  nor  did  his  strong,  controlling  sense 
of  obligation  allow  him  to  rest.  He  continued  to  draw  upon  his 
weakened  and  overworked  resources  until  the  end  came,  and  on  21 
November,  1889,  at  65  years  of  age,  he  passed  away;  worn  and  weary, 
he  quietly  and  with  gentle  resignation  slept. 

Twenty-seven  years  have  come  and  gone  since,  a  few  days  before 
his  death,  I  saw  him  alive  for  the  last  time.  The  impression  made 
upon  me  as  he  then  appeared  has  not  passed,  nor  will  ever  pass  away. 
His  features,  losing  nothing  in  manly  intellectual  strength,  told  of 
courage  and  resignation,  sustained  by  the  assurance  that  he  had  found, 
in  its  divinely  appointed  way,  that  peace  which  passeth  understanding. 

Those  who  knew  Mr.  Dortch  in  the  days  of  his  strength  have  passed 
away.  To  those  who,  as  your  Honors  and  myself,  knew  and  admired, 
he  was  "a  genuine  man,  which  is  itself  a  greater  matter.  No  affecta- 
tion, fantasticality,  or  distortion  dwelt  in  him;  no  shadow  of  cant. 
Nay,  withal  was  he  not  a  right  brave  and  strong  man" ;  and,  after  all, 
when  life's  fitful  fever  is  over  and  the  true  measure  of  men's  lives 
are  taken,  are  not  these  the  qualities  which  mark  the  highest  point  and 
the  largest  standard  of  character?  Of  such  men  it  may  be  said,  as  of 
one  of  the  manliest  of  men,  when  he  departs,  he  takes  a  man's  life 
along  with  him.  Mr.  Dortch,  in  his  early  manhood,  married  Miss  Eliz- 
abeth Pittman  of  Edgecombe,  and  to  them  were  bom  Harrod  Pittman 
Dortch,  Isaac  Eoote  Dortch,  Miss  Corinne  Dortch,  Mrs.  Mary  D.  Schol- 
field,  William  T.  Dortch,  Mrs.  Annie  B.  Hill,  Fitzhugh  L.  Dortch. 
His  second  wife  was  Miss  Hattie  Williams  of  Berryville,  Va.,  and  to 
them  were  born  Dr.  Allan  W.  Dortch,  Miss  Helen  W.  Dortch,  James 
Tyson  Dortch,  and  Miss  Selene  W.  Dortch. 

In  behalf  of  his  family,  I  request  that  the  excellent  portrait,  the 
work  of  Mrs.  Marshall  Williams,  whose  talent  is  so  well  illustrated  in 
a  number  of  portraits  on  these  walls,  may  be  placed  in  company  with 
other  North  Carolina  statesmen,  citizens  and  lawyers,  who  have  served 
the  State  and  illuminated  her  history. 


16 

Presentation  of  Dortch  Portrait. 


ACCEPTANCE  BY  CHIEF  JUSTICE  CLARK 


The  Court  is  gratified  to  receive  this  portrait  of  Mr.  Dortch.  Judge 
Connor's  excellent  address  has  so  graphically  portrayed  his  career  and 
his  character  that  nothing  can  be  added. 

These  portraits  of  the  distinguished  lawyers  of  the  State  shall  be  con- 
stant reminders  to  stir  the  emulation  of  young  lawyers  for  all  time. 
They  are  like  the  trophies  of  Miltiades  which  would  not  permit  the 
young  Themistocles  to  sleep. 

The  profession  of  law,  as  compared  with  the  other  two  learned  pro- 
fessions of  medicine  and  theology,  is  of  very  recent  origin.  Medicine 
and  theology  date  back  to  the  beginning  of  the  human  race.  There  have 
been  judges  also  from  the  earliest  time,  for  there  have  always  been  con- 
troversies to  be  settled;  but  law  as  a  profession  is  comparatively  new. 
Some  one  has^  inadvertently,  of  course,  referred  to  "the  great  lawyers 
who  drafted  Magna  Carta" ;  but,  in  fact,  at  that  time  there  were  no 
lawyers,  either  great  or  small,  in  all  England.  At  that  time  every  one 
was  required  to  appear  in  court  in  his  own  behalf,  both  in  criminal 
and  civil  cases.  1  Pollock  &  Maitland  English  Law,  190-196.  No  one 
could  be  represented  in  court  by  another  until  the  statute  of  Merton  m 
1236,  twenty-one  years  after  Magna  Carta.  Professional  lawyers  were 
first  authorized  in  England  by  the  statute  of  Edward  I.,  in  1291,  Ridge's 
Constitutional  Law  of  England,  page  245 — more  than  three-quarters 
of  a  century  after  the  barons  and  bishops  met  King  John  at  Kunny- 
mede.  Indeed,  counsel  were  not  allowed  to  address  the  jury,  in  felonies 
in  England,  on  behalf  of  the  prisoner  till  600  years  later,  in  1836,  Ridge's 
Constitutional  Law,  249 ;  Century  of  Law  Reform,  50. 

For  many  centuries  after  the  Conquest  all  the  judges  in  England 
were  ecclesiastics,  with  rarely,  now  and  then,  a  layman,  never  a  lawyer. 
Maitland  &  Montague  Eng.  Legal  History  (Colby's  Ed.),  97.  The 
Lord  Chancellors,  the  highest  law  position,  and  next  to  the  King  in 
rank,  were  all  ecclesiastics  till  Sir  Robert  Bourchier  in  1341.  The  soli- 
tary exception  was  a  woman,  Eleanor  of  Provence,  in  1253,  whom  Lord 
Campbell  in  his  "Lives  of  the  Lord  Chancellors"  tells  us  sat  in  the  Aula 
Regis  and  personally  discharged  its  duties  with  vigor.  Indeed,  lawyers 
were  so  scarce  that  it  is  not  certain  that  any  lawyer  was  appointed  to 
the  Lord  Chancellorship  till  Sir  Thomas  More  in  1529,  though  among 
the  few  appointed  to  that  office,  who  were  not  ecclesiastics,  were  some 
who  had  been  judges;  but  the  judges  were  usually  laymen  or  bishops. 
Lawyers  must  have  been  scarce  indeed,  or  they  would  have  found  the 
Lord  Chancellorship,  though  it  did  not  find  them. 


17 
Presentation  of  Dortch  Portrait. 


When  the  Wat  Tyler  Insurrection  broke  out  in  England,  caused  by 
the  poll  tax,  the  cry  which  was  then  raised  (and  again  a  little  later  in 
Cade's  Eebellion,  Shakespeare  2  Henry  VI,  Act  4,  Sc.  2),  "Let  us  kill  all 
the  lawyers,"  was  due,  it  seems,  not  so  much  to  anything  that  lawyers 
had  done,  as  to  the  fact  that,  being  a  new  profession,  the  populace 
thought  that  they  must  be  responsible  for  the  imposition  of  the  new 
and  odious  tax.  2  Stubbs  Constitutional  History  of  England  (Oxford 
Library  Ed.),  495.  This  tax  was  soon  repealed,  and,  though  long  after- 
wards reenacted  for  a  few  years,  no  poll  tax  has  been  laid  in  England 
for  now  more  than  two  centuries  past. 

Sir  William  Blackstone,  in  1758,  was  the  first  professor  of  law  in 
England,  and  he  resigned  in  1766  because  he  could  not  procure  the 
establishment  of  a  law  school,  which  is  a  more  modern  evolution,  for 
the  famous  "Inns  of  court"  were  not  law  schools,  but  noncorporate  asso- 
ciations of  lawyers  and  law  apprentices  who  gathered  in  these  great 
hostels  and  after  the  lapse  of  a  certain  time  and  on  proof  of  having 
eaten  a  certain  number  of  meals  the  law  apprentices  were  "called  to 
the  Bar"  by  their  seniors,  Century  of  Law  Eeform,  32.  In  North  Caro- 
lina, when  the  Court  of  Conference,  which  later  developed  into  our  Su- 
preme Court,  was  continued  by  the  Act  of  1801,  it  was  provided :  "No 
attorney  shall  be  allowed  to  speak  or  be  admitted  as  counsel  in  the  afore- 
said court." 

Nor  was  the  profession  of  law  of  more  ancient  origin  in  other  coun- 
tries. In  most  of  them  the  profession,  as  we  now  understand  its  duties 
and  rights,  took  its  rise  after  it  did  in  England.  It  is  true,  there  were 
advocates  in  Home  under  the  Republic,  but  they  practiced  mostly  to 
obtain  support  for  political  office  and  were  not  allowed  to  charge  for 
their  services,  receiving  only  voluntary  gifts,  which  indeed  for  a  long 
time  was  the  case  in  England.  In  the  later  Roman  Empire  there  were 
law  schools,  but  the  lawyers  graduating  therein  were  rather  what  were 
called  jurisconsults,  that  is,  they  were  advisers  to  the  judges,  who  were 
often  laymen,  though  there  were  some  who  became  judges  and  others 
who  became  famous  as  law  writers  or  codifiers,  such  as  Ulpian,  Paul, 
Papinian,  and  others.  But  in  many  essential  respects  their  position 
under  an  arbitrary  government  was  essentially  different  from  the  pro- 
fession to  which  we  belong. 

When  our  Master  said,  "Woe  unto  you,  ye  lawyers,"  Luke  xi:46,  he 
referred  to  priests  and  theological  students,  for  the  Hebrew  law  was  the 
old  Scriptures,  overlaid,  it  is  true,  like  our  law,  with  comments  and  tra- 
ditions. But  none  the  less  those  whom  he  addressed  as  "lawyers"  were 
ecclesiastics,  as  was  also  "a  certain  lawyer  who  stood  up  tempting  Him, 
saying."  Luke  x:25. 

Notwithstanding  the  recent  origin  of  our  profession,  it  has  grown 
rapidly  in  numbers  and  influence  in  all  free  countries.     In  these  it 


18 

Presentation  of  Dortch  Portrait. 


thrives  so  well  and  it  is  so  essentially  modern  and  democratic  that  in 
the  United  States,  of  the  three  great  departments  of  the  Government — 
Legislative,  Executive,  and  Judicial — lawyers  not  only  naturally,  it 
might  be  said  necessarily,  111  all  the  higher  positions  of  the  judiciary, 
but  on  an  average  lawyers  furnish  more  than  60  per  cent  of  the  Gov- 
ernors and  Presidents  and  of  members  of  the  State  legislatures  and  of 
both  Houses  of  Congress — that  is  to  say,  a  good  majority  of  the  other 
two  departments  of  the  Government. 

As  the  judiciary  in  this  country  have  claimed  and  exercised  the  irre- 
viewable  power  to  set  aside  any  action  of  the  Executive  and  Legisla- 
tive Departments  of  the  Government,  and  even  to  say  to  the  people 
themselves,  as  some  judges  have  claimed,  "Thus  far  shalt  thou  go  and 
no  further,"  no  class  of  men  exercise  greater,  or  as  great,  power  in 
this  country  than  lawyers,  and  the  entire  people  are  interested  in  their 
conduct. 

It  is  therefore  highly  important  to  keep  high  and  clear  the  best  stand- 
ards of  the  profession,  and  that  the  life,  the  example,  and  the  memory 
of  the  great  lawyers  who  have  led  the  way  of  honor  and  whose  influence 
has  been  a  restraint  upon  doubtful  tendencies,  should  be  ever  kept  before 
the  profession. 

Among  the  great  lawyers  to  whom  N^orth  Carolina  owes  much  for  his 
influence  for  good  upon  the  legal  profession  was  William  T.  Dortch. 
Though  enjoying  a  large  practice,  he  did  not  deem  that  the  pecuniary 
rewards  were  the  sole  object  of  a  lawyer's  profession.  While  successful 
in  public  life  and  attaining,  among  other  honors,  the  position  of  Con- 
federate States  Senator,  he  did  not  permit  ambition  to  swerve  him  from 
his  duty.  His  face  and  figure  bespoke  power,  restrained  by  modera- 
tion. In  character,  and  I  might  almost  say  in  lineaments,  he  recalled 
that  ideal  of  the  great  race  from  which  he  sprung,  the)  first  William  of 
Orange,  the  liberator  of  Holland,  the  opponent  of  Alva  and  of  all  intol- 
erance in  State  and  in  religion. 

Mr.  Dortch  was  a  strong  man,  conscious  of  his  power,  but  moderate 
in  its  use.  He  achieved  without  effort  a  foremost  place  at  the  Bar 
and  in  the  State.  His  memory  will  always  be  held  in  veneration  by 
both. 

The  marshal  will  hang  his  portrait  in  its  appropriate  place  on  the 
walls  of  the  library  of  the  Court. 


\ 


UNIVERSITY  OF  N.C   AT  CHAPEL  HILL 


00034008706 

FOR  USE  ONLY  IN 
THE  NORTH  CAROLINA  COLLECTION 


Form  No.  A-368,  Rev.  8/95 


